Changes In NLRB "Recognition Bar" In Dana Case

Law360, New York (October 18, 2007, 12:00 AM EDT) -- Employers faced with a union demand for voluntary recognition or to enter into a “card check,” “neutrality” or other organizing agreement leading to voluntary recognition need to be aware of a new decision by the National Labor Relations Board affecting the legal and practical implications of these arrangements.

In its long-awaited ruling in Dana Corp., 351 NLRB No. 28 (Sept. 29), the Board, by a 3 to 2 margin, held that no election bar will be imposed after an employer voluntarily recognizes a union unless (1)...